The Individuals with Disabilities Education Act A Review for Administrators and Decision-Makers

1. The Individuals with Disabilities Education ActA Review for Administrators and Decision-Makers Guidelines Directing Professional Responsibilities Under IDEA ‘97 Northeast Regional Education Cooperative #4

2. The Individuals with Disabilities Education ActA Review for Administrators and Decision-Makers Guidelines Directing Professional Responsibilities Under IDEA ‘97 Northeast Regional Education Cooperative #4

3. A Brief History • P.L. 94-142 1975 The Education for all Handicapped Children Act: Guaranteed for the first time that children with disabilities would receive a free and appropriate public education. • IDEA ‘97 (P.L. 105-17): A name-changing reauthorization of P.L. 94-142 in 1990 and again in 1997 set the stage for inclusive schooling, ruling that every child is eligible to receive a “free and appropriate public education (FAPE) and to learn in the “least restrictive environment possible (LRE). Northeast Regional Education Cooperative

4. Other Major Laws Pertaining to the Rights of People with Disabilities • Americans with Disabilities Act (1990) Prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and activities of state and local government (Access!) • Section 504 of the Rehabilitation Act 1973 Provides for inclusion in and benefit of any program or activity receiving federal financial assistance. For school districts, provisions are available for students (ages 3-21) and parents with disabling conditions. Northeast Regional Education Cooperative

5. The Law is SpecificGeneral LRE Requirements§300.550 • 1. “that to the maximum extent appropriate, children with disabilities, including children in public or private institutions and other care facilities, are educated with children who are non-disabled; and… Northeast Regional Education Cooperative

6. General LRE Requirements continued… • 2. “that special classes, separate schooling or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily” Northeast Regional Education Cooperative

7. How Are We Doing With LRE? The National Council on Disability (2000) released findings that indicated that every state is out of compliance with the requirements of the Individuals with Disabilities Education Act with compliancenot being enforced as it should be. (Kluth, Villa, Thousand; Educational Leadership, Dec.2001-Jan.2002) NM ranks last in terms of LRE/Inclusion LRE/Inclusion is a major initiative through the NM State Department of Education and the NEREC Northeast Regional Education Cooperative #4

8. What can you do as an administrator to encourage LRE in your school? • Encourage the idea of varying the teaching strategies, styles, methods & materials. • Encourage collaboration between general education and special education staffs. • Utilize your own strengths as a leader. • Allow for trial and error. • Teach/Guide by example. Northeast Regional Education Cooperative

9. Inclusive Settings Benefit All Students% Measures amount of students who improved Northeast Regional Education Cooperative

10. Inclusive Settings Benefit All Students% Measures amount of students who improved Northeast Regional Education Cooperative

11. NM State Department of Education’s GOAL Within 5 years New Mexico will be at or above the national average in educating students with disabilities in the Least Restrictive Environment. Northeast Regional Education Cooperative

12. Myth That inclusion is a policy that schools can choose to adopt or reject. Fact Inclusion is not a policy that schools can dismiss outright. Special Education is not a program or a place; it is a service delivery system for providing the learner with the supports and services needed to receive an education in the least restricted environment possible. “Inclusion is a right, not a special privilege for a select few” (Oberti v. Board of Education of the Borough of Clementon School District 1993) Common Misunderstandings Determining Decisions About Students with Special Needs Northeast Regional Education Cooperative

13. Myth That students with disabilities cannot receive an inclusive education because their skills aren’t close enough to those without disabilities. Fact Students with disabilities do not need to keep up with students without disabilities to be educated in inclusive classrooms; they do not need to engage in the curriculum the same way; and they do not need to practice the same skills that non-disabled students practice. Students with disabilities can work on individual skills and goals within the context of the general education curriculum. Common Misunderstandings About LRE cont… Northeast Regional Education Cooperative

14. Myth Schools can place students with specific labels or perceived levels of need such as children with autism, emotional disturbances and/or severe and profound disabilities in more segregated or self-contained settings without an opportunity to receive an education in a general setting with appropriate aids and services. Clarification It is not enough for a district to simply claim that a segregated program is superior. Placement decisions must be determined. on an individual basis. Districts that automatically place students in a predetermined type of school or classroom setting solely on the basis of the disability or perceived level of functioning rather than on the basis of their educational needs clearly violate federal laws. (IDEA). (Roncker v. Walter, 1983 Common Misunderstandings About LRE cont… Northeast Regional Education Cooperative

15. Benefits of Understanding the Law • Reviewing the intent and language of IDEA will help you, as administrators,shape district-wide and/or school-based policies and procedures. • School district leaders and school principals who understand the federal law can avoid lawsuits, enhance educational experiences for all students, and move toward the development of school communities that are egalitarian, just and democratic for all. (Villa,Educational Leadership; December01/January 2002) Northeast Regional Education Cooperative

16. Referral for Special Education and Related Services Should Be Initiated Only After “Good Faith” Efforts Have Been Made and Documented to Accommodate and Modify the General Curriculum Toward Student Needs.e.g. Varying teaching strategies, methods, and techniques Northeast Regional Education Cooperative

17. How Do You As A Principal Guide Staff With Initial Concerns About A Student? • Initiate a SAT (Student Assistance Team) Process (Refer to the SAT Referral Process Flowchart) • All personnel interacting with the student in the educational setting should attend. • Overview of teacher/staff concerns. • History: health, medical, past academic performance, attendance, etc. • Brainstorm! • Student’s perceived learning style (strengths and challenges) • Teacher’s teaching style • Issues of concern • Recommendations on Possible interventions/strategies-DOCUMENTATION IS ESSENTIAL! • Schedule Follow-Up Meeting (at least 2) Do They Match? Northeast Regional Education Cooperative

18. How To Guide Staff cont… • Continue the SAT Process: • Team Assessment and Follow-up Meetings • “Are suggested interventions/strategies working?” • “What does teacher/staff documentation suggest?” • The SAT team should work through this process at least twice in order to allow the student(s) to utilize intervention strategies that offer them success in the general setting. • One Size will not Fit All. • Move On To A Formal Evaluation Referral Process: • Once the SAT Team has exhausted their “good faith” efforts, it may now be appropriate to refer the student for a further, more formal evaluation. • Refer to Formal Evaluation Referral Process Flowchart Northeast Regional Education Cooperative

19. Evaluation Contents • Relevant functional and developmental Information from parents (vision/hearing, academic history and parental concerns, etc.) • Information related to enabling the child to be involved in and progress in the general curriculum (SAT information, NMSAP) • Current classroom based assessments including language proficiency evaluations if applicable • Observations by teachers’ and related service providers’ • Technically sound required individual testing information (e.g. IQ Test, individual achievement test, speech & language tests, motor tests, process tests) • All other relevant existing data Northeast Regional Education Cooperative

20. Eligibility Determination The determination of whether the child is a “child with a disability” shall be made by the IEP Team and a copy of the evaluation report and the documentation of eligibility will be given to the parent. (SPECIAL CRITERIA) In making a determination of eligibility, a child shall not be determined to be a child with a disability if the determinant factor for such determination is lack of instruction in reading or math or has limited English proficiency. Northeast Regional Education Cooperative

21. The IEP Team • 1. the parents • 2. at least one regular education teacher of that child (if the child is, or may be, participating in regular education); • 3. at least one special educational teacher, or where appropriate, at least one special education provider of such child; • 4. a representative of the LEA who – • a. is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities; • b. is knowledgeable about the general curriculum; and • c. is knowledgeable about the availability of resources. Northeast Regional Education Cooperative

22. IEP Team continued… 5. an individual who can interpret the instructional implications of evaluation results - who may be one of the above members; 6. at the discretion of the parent or the LEA, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and 7. whenever appropriate, the child with the disability. Northeast Regional Education Cooperative

23. IEP Contents • Ensure that the content of students’ IEP’s are comprehensive and compliant with IDEA regulations. (Refer to the “Content of the IEP” hand-out.) Northeast Regional Education Cooperative

24. IEP “Must Know” Tips • Ensure that all teachers/service providers are well- prepared before IEP meetings. • Teachers and service providers, who will not be attending the IEP meeting, must have their PLP information/data available before the IEP meeting for documentation purposes. • Goals and objectives cannot be entered onto the IEP form beforehand. • Goals and objectives must be observable and measurable. Should link to NM Content Standards and Benchmarks. • Parents must receive progress reports every 9 weeks (the same as for non-disabled peers) • Is ESY appropriate? Documentation of regression/recoupment is essential! • Remember Transition Graduation plans when appropriate. Northeast Regional Education Cooperative

25. IEP Implementation 1.IEP services must be available within a “reasonable period of time” following the school district's receipt of parent consent for an initial evaluation. 2. A child's IEP must be made accessible to each regular education teacher, special education teacher, related service provider, and others service provider who is responsible for its implementation. 3. Remember: CONFIDENTIALITY-FERPA 4. Each teacher and related service provider must be informed of his or her specific responsibilities related to implementing the child's IEP and the specific accommodations, modifications, and supports that must be provided for the child. 5. The school district should convene as many IEP meetings per year as any one child may need,and should grant any reasonable parent request for an IEP meeting. Northeast Regional Education Cooperative

26. Accommodations and Modifications As we move closer to the intention behind the IDEA, adaptations and modifications in curriculum, classroom activities, and materials are a necessity. • Teachers/providers can design and put into place the a range of “supplementary aids, services, and adaptations necessary for students to achieve educational success. (Federal Regulations §300.28 and §300.345) • Any accommodations and modifications should be based on student educational need and on an individualized basis. • Teachers/schools need provide every support available, but must provide those required by the student with disabilities and the IEP. • Bottom Line: Modifications help all students. Northeast Regional Education Cooperative

27. How Will Professional Roles Change?? • Brainstorm with staff as to the LRE requirements and professional roles as they are now and how they need to be. (Refer to “Changes in Job Responsibilities” Hand-out) Northeast Regional Education Cooperative

28. LRE Role RedefinitionThe Special Educator Traditional • Provides instruction to students eligible for services in resource rooms, special classes, and special schools. Redefined • Collaborates with general educators and other support personnel to meet the needs of ALL learners. • Team teaches with regular educators in general education classes. • Recruits and trains students to be tutors and social supports for one another Northeast Regional Education Cooperative

29. LRE Role RedefinitionThe General Educator Redefined • Shares responsibility with special educators and other support personnel for teaching ALL children in the classroom. • Seeks support of special educators and other support personnel for students experiencing difficulty in learning. • Collaboratively plans and reaches with other members of the staff and community to meet the needs of all learners. • Recruits and trains students to be tutors and supports for one another. Traditional • Refers students who do not “fit” into the traditional program for diagnosis, remediation, and possible removal. • Teaches children who “fit” within the standard curriculum. Northeast Regional Education Cooperative

30. LRE Role RedefinitionThe Educational Assistant Traditional • Works in segregated programs. • If working in general education classrooms, stays in close proximity to and works only with student(s) eligible for special services Redefined • Provides services to a variety of students in general education settings. • Facilitates natural peer supports within the general education settings. Northeast Regional Education Cooperative

31. LRE Role RedefinitionThe Student Traditional • Primarily works and competes with other students for “best” performance. • Acts as a passive recipient of learning. Redefined • Often works with other students in cooperative learning arrangements. • Actively involved in instruction, advocacy, and decision-making for self and others. Northeast Regional Education Cooperative

32. What Modifications are Used in Your Schools Presently? Northeast Regional Education Cooperative

33. IDEA ‘97Changes in Discipline • FAPE, including access to general curriculum during suspension • Functional Behavioral Assessment (FBA) • Behavioral Intervention Plan (BIP) • No FBA and/or no BIP = no appropriate program • Manifestation Determination (MD) • Ask: • 1. IEP and placement appropriate? • 2. Understanding of consequences of action? • 3. Ability to control behavior? Northeast Regional Education Cooperative

34. Changes in Discipline continued... • Interim Alternative Educational Setting (IAES) i.e. suspension/expulsion • Application to regular education students (when child is suspected of needing services) • Temporary Restraining Order (TRO) (addresses danger to self & others) • Weapon and drug violations (can remove from school; must have IEP meeting w/in 10 days) • “Stay-put” provision Northeast Regional Education Cooperative

35. Expansion of Protections Under IDEA ‘97 • Students suspected of having a disability • Parent’s written concern • Parent’s request for evaluation • Demonstrated need • Concern expressed by school staff *Protections under IDEA kick in whether or not the child is on an IEP Northeast Regional Education Cooperative

36. Functional Behavior Assessments(Federal Regulations §300.520(b)(1) • When is a FBA necessary? • When there is a concern over a student’s behavior which is interfering with his/her educational process. • How is the process started? • A review of students file/history. • Interview all persons who have experience with student. • Observations: Data collection on frequency, setting, duration, severity of behavior(s) in question. • I.D. “target” behaviors, their antecedents, and consequences. 1.Are the consequences rewarding for the child? 2.What is the child getting out of the behavior? What’s the pay-off? (See Functional Behavior Assessment Hand-outs) Northeast Regional Education Cooperative

37. Behavior Intervention Plans(§300.520(b)(1)(i), ( c )(1)) Administrative support is essential at this level in the FBA/BIP process. All those involved must adhere to the plan consistently and with follow-up. • All personnel involved with the student should be involved in the development of the BIP. • The BIP must be reviewed by the IEP team with interventions modified as needed to address the behavior. • Consider Manifestation Determination possibility. • (See Sample BIP and hand-outs) Northeast Regional Education Cooperative

38. Extended School Year(IDEA Federal Regulations §300.309) • For some students with disabilities interruptions in school programming present difficulties in terms of regression and the amount of time it takes to regain lost skills and behavior. It, then, becomes unlikely that the student will attain the state of self-sufficiency that they would otherwise be expected to reach. • ESY services provide an extension of the regular school year programming as identified in the IEP. Northeast Regional Education Cooperative

39. Need For ESY Services • Regression/recoupment of critical skills related to student’s IEP(does not include students who are simply not showing progress of instructional goals & objectives) • Determination of need is made by the multidisciplinary team. (Must provide documented evidence of regression and recoupment of critical skills) • The IEP committee documents the need for ESY and the IEP goals to be addressed at an IEP meeting. • ESY is not to be confused with summer school! Northeast Regional Education Cooperative

40. Confidentiality(Federal Regulations §300.560-§300.577)(Family Education Rights and Privacy Act of 1974) • IDEA Confidentiality Regulations Individuals with Disabilities Education Act of 1997 (§§300.560-300.577) • FERPA Regulations Family Education Rights and Privacy Act of 1974 (US Code, Title 20, Section 1232g) and Implementing regulations in 34 CFR part 99. Remember! Any and all “personally identifiable information” about students is to be held in the highest confidence. Northeast Regional Education Cooperative

41. Definitions Under FERPA Education Record includes: • Date and place of Birth, parents and/or guardian addresses and emergency contacts • Grades, test scores, courses taken, academic specializations and activities, and official letters regarding a student’s status in school. • Special Education Records • Disciplinary Records • Medical and Health Records • Attendance, Schools attended, Course, awards and degrees • Personal information such as SS#, picture and any other information that would make it easy to identify or locate student Northeast Regional Education Cooperative

42. FERPA Protects Privacy • In addition to the Federal Laws that restrict disclosure of information from student records, most states also have privacy protection laws that reinforce FERPA. State laws can supplement FERPA, but compliance with FERPA is necessary if schools are to continue to be eligible to receive Federal education Funds. Northeast Regional Education Cooperative

43. “Never doubt that a small group of thoughtful, committed citizens can change the world” Margaret Mead Think what dedicated, committed educators can change in the world of ALL of our children… Northeast Regional Education Cooperative

44. Q & A for Administrators Northeast Regional Education Cooperative